GTC | The Esprits

1. SCOPE OF APPLICATION

These General Terms and Conditions (GTC) are applicable to all orders placed via the web shop at www.theesprits.merchgound.de. The contractual partner for all orders is FOXGROUND GbR (hereinafter MERCHGROUND). The latest version of the GTCs at the time of the order applies. The contract is concluded exclusively in the German language. Orders and deliveries are only possible within Germany. For all orders outside of Germany, we refer to our international GTCs.

2. CONCLUSION OF THE CONTRACT

2.1 Order process
In the webshop, you can add items to your shopping cart without any obligation. You can view the shopping cart at any time and remove individual items. The order process begins after you click on “Checkout”. You can order as a guest or create a customer account.
If you order as a guest, we ask that you enter the data necessary for the order processing. Alternatively, you can place a guest order via PayPal.
Alternatively, you can create a customer account or log in to your account as a registered customer. Afterwards you have to choose a payment method. On the “Confirm” page you will see your entries again. You can correct your entries or cancel the order process at any time by leaving our shop or closing the browser. Only after you have sent your order, have you placed a binding order. After receipt of your order, a confirmation of receipt will be sent to you by e-mail.

2.2 Conclusion of the contract
You can find out the validity period of our special offers, which may also be limited in terms of quantity, at the point where they are displayed in the shop.
We do not give any delivery guarantee. The following applies: Only while stocks last. This applies especially to special offers.
The display of articles in the web shop is therefore not a binding contract offer from our side, but only an invitation to place orders. A contract is only concluded when we expressly accept your order or carry out the delivery, and only to the extent of the order.

3. PRICES, SHIPPING COSTS & PAYMENT

In our webshop the prices stated are in Euro – if indicated also including VAT. (19%) – are calculated.
You can pay in advance, by credit card, Klarna Now. or PayPal.

3.1. Postage, packaging and fees
Our shipping costs are composed of postage, packaging costs and given fees.

3.2. Payment methods
Cash in advance: 
After your order you will receive an e-mail from us with a request for payment. Then transfer the amount to be paid to the account indicated and include all important data we send you in the transfer form. Your order will be processed and shipped after receipt of payment.

PayPal:
PayPal is a simple and secure way to pay with us. Moreover, the payment arrives very quickly, so that the order can be processed immediately. To use this payment service, a free registration with PayPal is required.

In addition, we offer the following payment options in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The payment is always made to Klarna:

• Instant bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands Your account will be debited immediately after placing the order.
• direct debit: Available in Germany, the Netherlands, Sweden and Austria. The debit will be made after the goods have been shipped. You will be informed about the time by e-mail.
• Credit card (Visa/Mastercard): Available in Sweden, Germany and Austria. The debit is made after the goods or tickets have been shipped / the service is available or, in case of a subscription, according to the communicated times.

The use of the payment method direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit assessment within the framework of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in  Klarna’s data protection regulations.

4. PRODUCT PRESENTATIONS AND DESCRIPTIONS

Despite the greatest care in the creation of article descriptions and product presentations, we unfortunately cannot guarantee that these descriptions and images are correct, complete and without error. Particularly with regard to the colour accuracy of product displays, there may be technically caused differences between the screen display and the actual product.
The information about events contained on MERCHGROUND.de is provided by the respective event organizers without the possibility of checking this information. MERCHGROUND can therefore not guarantee the correctness of the information provided. Current event data can be taken from the official internet offers of the organizer or artist, or other generally accessible sources.

5. RIGHT OF REVOCATION

As far as MERCHGROUND offers services from the field of events on behalf of an organizer, especially tickets for events, there is no distance selling contract according to § 312g para. 2 No. 9 BGB. A right of withdrawal is excluded for orders of such services. Each order of tickets placed obliges the customer to accept and pay for the tickets ordered. There is also no right of revocation for contracts for the delivery of audio or video recordings in a sealed package if the seal was removed after delivery (§ 312g para. 2 no. 6 BGB).
In all other respects you are entitled to revoke your declaration of intent to conclude the contract within 14 days of receipt of the goods. After revocation you are no longer bound to the contract. The revocation can be declared in writing or by returning the goods. The timely dispatch of the goods is sufficient to meet the deadline.
After exercising the revocation you are obliged to return the goods at your own expense. The processing time for credit refunds is up to 20 working days.
We reserve the right to determine the shipping route in the event of a return.
The right of withdrawal does not apply to used goods. This applies in particular to worn or washed textiles and unsealed sound carriers.

6. LIABILITY / WARRANTY RIGHTS

In case of injury to life, body or health, which is based on an intentional or grossly negligent breach of duty by MERCHGROUND or an intentional or negligent breach of duty by one of its legal representatives or vicarious agents, MERCHGROUND is liable according to the statutory provisions.
For other damages the following applies:
I.) For damages, which are based on the breach of essential contractual obligations due to simple negligence of MERCHGROUND, its legal representatives or vicarious agents, the liability of MERCHGROUND is limited to the foreseeable damage typical for the contract up to a maximum of the value of the delivery item.
II.) Claims for damages against MERCHGROUND for other damages resulting from the breach of secondary obligations or non-essential obligations are excluded in case of simple negligence.

The above exclusions or limitations of liability do not apply if FOXGROUND GbR has fraudulently concealed a defect or has assumed a written guarantee for a specific quality. The provisions of the Product Liability Act remain unaffected.

7. BROKERAGE OF CONCERT TICKETS

FOXGROUND GbR is only the agent for the tickets to the above mentioned event and not the organiser. The issuing of the tickets and implementation of the event is carried out by the organiser. More detailed information is available at the box office of the venue or on the websites of the respective organisers. With regard to the booked event itself, a contract is concluded exclusively between the purchaser and the respective organizer. For this purpose, the General Terms and Conditions of the respective organizer, which are in addition to the General Terms and Conditions of MERCHGROUND, apply additionally. Who the respective organizer is will be indicated during the ordering process.
MERCHGROUND therefore especially does not bear the risk of insolvency or insolvency of the respective Organiser. MERCHGROUND does neither determine the ticket prices nor the allocation of the price categories and does not determine where which seats or standing places are available. MERCHGROUND as an agent is also in this respect dependent on the information provided by the respective Organiser and cannot assume any guarantee for its correctness, especially with regard to the availability of seats or standing room.
If the event is rescheduled or cancelled, any claims of the ticket buyers have to be made directly to the respective organizer. There is no claim for the ticket to be taken back by FOXGROUND GbR.
The organiser is exclusively liable for all claims of the end customer in relation to the event.
No part of this website may be used for commercial purposes without the prior written consent of MERCHGROUND. In particular the commercial resale of tickets is prohibited. The purchaser also assures that he will not use his purchased ticket for advertising, marketing or other commercial purposes (including prize competitions and other competitions) or sell it in front of the entrance or entrance area of the event location. MERCHGROUND reserves the right to block the access to this website or not to accept the ticket order if there is a reasonable suspicion that the orderer cooperates with another ticket broker or black market trader or has used automated programs to order tickets or has ordered tickets beyond the maximum number of tickets per person allowed by MERCHGROUND.

8. DATA PROTECTION

By sending your order you confirm the correctness of your personal data entered during the purchase process. In case of wrong information we reserve the right to pass on additional costs (e.g. additional shipping costs) to you. In the case of deliberately false information, we expressly reserve the right to take legal action against the originator of such an order.
We store your personal data for a fast and error-free EDP processing and payment handling by our contractual partners. This personal data includes the entries you have made, your order and the IP address of your computer. A transfer to third parties for purposes other than those mentioned above will only take place with your consent and only for the purpose for which you have agreed to the transfer of data. You can revoke this consent at any time.

9. APPLICABLE LAW

All differences of opinion and legal disputes arising in connection with the business relationship shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. In the event that you do not have a domicile or usual place of residence in Germany when the action is filed, or this is not known to us and/or you are a merchant in the sense of the German Commercial Code (HGB), Braunschweig is agreed as the place of jurisdiction.
If individual provisions of these General Terms and Conditions of Delivery and Sale and/or the contract supplemented by them are or become invalid, the validity of the other provisions shall not be affected thereby and the contract and these General Terms and Conditions of Delivery and Sale shall otherwise remain valid for both parties.

10. GENERAL CONDITIONS OF PARTICIPATION IN PRIZE DRAWS/PRIZE COMPETITIONS

These General Terms and Conditions apply to participation in the competitions, prize draws and raffles organised by FOXGROUND GbR and its associated companies (hereinafter referred to as MERCHGROUND).

10.1. Participation & Prize
The manner of participation in the lottery/competition and the prize(s) will be specified in the additional terms and conditions of the respective lottery/competition.

10.2. Eligibility & redemption of prizes
All persons over 18 years of age from Germany, Austria and Switzerland, as well as young people under 18 years of age are eligible to participate, provided that their legal representative(s) give their written consent to the participation.
Excluded are direct employees, companies that were or are involved in the implementation of the competition/award, and their family members.
The winner will be notified by telephone or e-mail after the end of the competition/competition. If the winner cannot be contacted and does not respond within 48 hours of being contacted, the prize will be forfeited and a new winner will be selected.
In case of an undeliverable prize notification, MERCHGROUND is not obliged to make further investigations.

11. RULES OF THE INDIVIDUAL PROFIT CATEGORIES

11.1 Profits in kind
The object presented as a non-cash prize in the competition/award competition is not necessarily identical with the object won. Rather, there may be differences with regard to model, colour, etc. MERCHGROUND may select an item of medium type and quality equivalent to the item presented as a non-cash prize.
The material prizes will be sent to MERCHGROUND or a third party commissioned by MERCHGROUND by forwarding agency, parcel service or post to the postal address to be provided by the winner. Delivery is free of charge within Germany, Austria and Switzerland. Any additional transport costs and customs duties have to be paid by the winner. The place of performance remains the registered office of MERCHGROUND despite the assumption of the shipping costs.

11.2 Tickets:
Tickets will be sent to the winners by mail to the given residential address or by e-ticket to the given e-mail address. By using the ticket, the winner accepts the conditions of the respective ticket provider/concert organiser on which the ticket is based. The processing of the ticket prize will be carried out exclusively in direct contact between the winner and the respective ticket provider/concert promoter. If concerts are cancelled or postponed, we reserve the right to replace the prize with a prize of equal value.

MERCHGROUND reserves the right to provide the winner with a guest list seat for the concert instead of a ticket.

11.3  Living room concerts:
Living room concerts will take place at the residential address provided by the winner, exclusively within Germany, for the winner and his guests. The Living Room Concert will be organized by the winner. The Living Room Concert can be changed or postponed by MERCHGROUND, especially due to unforeseen circumstances.

If the winner is not available for the Living Room Concert at the agreed time, there is no right to a repetition. All costs of the Living Room Concert, which are not explicitly included in the prize, have to be paid by the winner for himself and all other participating guests.

If sound/sound or photo recordings of the Living Room Concert are made, the winner transfers all rights to the recordings to MERCHGROUND.

11.4. Miscellaneous
Raffles/competitions can be carried out by MERCHGROUND in cooperation with different partners (cooperation partners), who may provide the prizes (prize sponsor). MERCHGROUND represents the cooperation partners during the execution of the lottery/prize competition and promises the prizes donated by them solely in their name. MERCHGROUND is not obligated to provide its own service, unless MERCHGROUND is in the concrete case itself sponsor of the prize.

The collected, personal data will be used by us for the purpose of carrying out the competition/prize. In this context MERCHGROUND is entitled to transfer the winner’s data to cooperation partners in order to enable the delivery of the prize.

If you subscribe to a newsletter or the like within the scope of the competition, the conditions mentioned in connection with the newsletter registration, including our data protection regulations, apply with regard to the use of your data.

Winners can be published by name on websites of MERCHGROUND and/or the respective cooperation partners. The winner explicitly agrees with this form of publication.

We reserve the right to terminate the competition/competition prematurely or extend it in time at any time without prior notice and without giving reasons. This applies in particular if proper execution cannot be guaranteed for technical or legal reasons. In such a case the participants are not entitled to any claims against MERCHGROUND.

12. LIABILITY

We shall be fully liable in cases of intent and gross negligence as well as for damages resulting from injury to life, body or health.

a) In the case of slight negligence, we shall only be liable for breaches of an essential contractual obligation (cardinal obligation). A cardinal obligation in this sense is an obligation the fulfilment of which makes the achievement of the contractual objective possible in the first place and on the fulfilment of which the contractual partner therefore relies.
b) In a case according to letter a) we are not liable for lack of business success, lost profits and indirect damages.
c) The liability according to the above mentioned letters a) and b) is limited to typical, foreseeable damages.
d) d) The limitation of liability also applies, with the necessary modifications, to our employees, contractors and vicarious agents.

A possible liability on our part for warranties and claims arising from the German Product Liability Act is not affected by this.
Profit claims are not transferable. Cash payment is not possible.
Participation in the lottery/competition cannot be made by letter or postcard to MERCHGROUND GbR and associated cooperation partners.
We reserve the right to exclude participants from the competition/competition for good cause and to reclaim prizes, in particular if there is a justified suspicion or proof of false information, manipulation, violation of these conditions of participation or other unauthorised actions.

Legal recourse is excluded.

Please contact us if you have any further questions:
info@merchground.de 
with the name of the competition/award as subject line.